The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-06-25
THE ASSAULT CASE.
Second Day of the Proceedings In
Court.
The Evidence for the Prosecution
COmpIeted-FuII Report of the
Proceedings.


| Court before Police Justice Dayton. The
! Court room was not quite so crowded as on
the previous day, still there was large
! audience in attendance, and much inter
est appeared to be taken in the proceed
ings. The British Commissioner, Sir Al
fred Gooch, Bart, the Hon. H. A. Wide
mann and Mr.. H. f. Glade, were again
present Mr.. A. 2. Peterson, Deputy
Attorney General, was present TO assist the
Marshal III the prosecution.
Mr. f. Muller was placed Ola the stand,
and his cross-examination continued by
Mr.. Hatch, as follows:
All the persons 1 named left my house
about the same time. Dowsett had not
struck Dias when ! stepped iii between
them. Dowsett did not have hold of the
horses bride. After l stepped in, Dias
Jumped round me and followed Dowsett
again | went then further i'll the street,
and turning round saw four or five gentle
men standing against my gate. | saw
Dias plunging head first into the crowd.
The gate gave way and they all fell into
the garden. / did not hear Dias make any
charge against any of the defendants.
When came out of my gate with my
friends there was no disturbance or shout
ing. We had a good time III the house,
singing and enjoying ourselves. l did not
hear any shouting while at the gate. After
! the gate tumbled down 1 went down the
street. as l saw the police carrying one of
! the party off, and wanted to find out who
it was. 1 wellt as far as the junction of
| Richard and Hotel streets. Then a police
! IL Il
hind. That is the last l saw of the dis
| turbance
| Redirect examination by Marshal Kau-
| lukOu-L should Judge there was twenty
| policemen. There is one policeman ] have
seen stationed near my place when pass
| ing Before the crow! came did not see
any other police o. iieS the two on horse
! back. When | stepped out into the street
l saw Creighton i'm th, hands of the police.
I did not see Creighton approach the of
| fcer. l heard Creighton volunteer TO hold
Dias' horse so that the latter might fight
with Dowsett.
The Marshal next asked witness who
were present at his house that night.
Mr.. Whiting objected to going into the
examination in chief. The question had
been answered before.
The Marshal-There is nothing to pre-
vent the question being answered again.
His Honor said all that grew out of this
affair could be brought in.
The Marshal if / did ask the ques-
ton yesterday there is no harm in repeat
ing it, without the gentlemen of the de-
Tense are afraid. If they went there for an
unlawful purpose it would be natural for
them to want their names suppressed.
Mr.. Whitng-I am not afraid of my
name.
His Honor-The Question can be asked
again, and any othtr that touches upon
the affair after the party left the house and
while they were at the gate.
Redirect examination continued -
Messrs. Hatch and Whiting left my house
just one or two minutes ahead of the rest
We followed them, and the party included
Widemann, Dowsett, Whitney, Creighton,
Tweedie, Sproull, Baird and Mather-
eleven IN all, including myself. L cannot
remember any others just now. Hatch
and Whiting went away minute before
the others / did not see them when | got
to the gate From the time | got to the
gate to the end of the row I did not see
Hatch or Whiting. As far as l know those
who came out with me were there ali the J
time it was going on. We were singing
and having good time at my house. Had
something to drink. | suppose the three |
defendants drank at my house. / think, !
though. Widemann refused to take any, |
will not swear the others did not drink |
will swear Widemann did not drink. We
were all in the same room at my house !
We drank one bottle of champagne, two !
bottles of beer and some brandy. The |
party left the hotel at 1920, came to my |
house and eft there at 1 O'Clock Sunday
morning. That is all the liquor they I
drank at my house. l cannot account for
them not drinking much at my house We
felt quite good when We left the hotel, and
thought we should like to take little
more. had something at the hotel, and
felt good. They did not make any loud
noise, without. singing is considered a
noise, and don't think it is. The singing
could not be heard quarter of a mile We
were singing songs. We sang "AuId Lang
Syne." We had no leader. Everyone was
singing. After we reached the house we
ofAb lOi Oh hONA AOOhHAS pictures anu
talking. Then had drinks and left the
house quietly. l intended to go to bed
when they went away. That is the reason
went out in my shirt sleeves Before
Dias charged at the gate there had been
trouble between him and Dowsett. The
gate was knocked off its hinges. The
over hinge came off. DOwsett was stand
ng near the hitehing post and Dias was in
'front.' OF him, asking him to fight. Just
before that heard Dias ask Dowsett the
question, and Dowsett told him to take his
tar on. Dowsett was not excited at the
lme. / advised Dowsett to keep quiet.
I'D not want to see them fight. I will !,
wear the policeman challenged Dcwsett
o tight first. / viii. " that | did not
ear DOwsett talk fir l heard Robinson
ay he wanted Jack D0ysett He repeated
again afterwards. I was standing very !
ear to them. They were both on the +
dewalk. There were a good many stand Z
lg round at the time. Probably all of US t
ere there. l do not remember any par v
cular one. 1 did not hear the bystanders t